Bill Text: TX HB2183 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to The Woodlands Township.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-04-27 - Left pending in committee [HB2183 Detail]
Download: Texas-2017-HB2183-Introduced.html
By: Keough | H.B. No. 2183 |
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relating to The Woodlands Township. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 8(e), Chapter 289, Acts of the 73rd | ||
Legislature, Regular Session, 1993, is amended to read as follows: | ||
(e) A vacancy in the office of director shall be filled by | ||
appointment of a qualified individual by a majority vote of the | ||
remaining directors[ |
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SECTION 2. Section 11C(p), Chapter 289, Acts of the 73rd | ||
Legislature, Regular Session, 1993, is amended to read as follows: | ||
(p) Sections 311.002 and 311.014 through 311.017, Tax Code, | ||
apply to the district, except that for purposes of this subsection: | ||
(1) a reference in those sections to a municipality | ||
means the district and the development zone; | ||
(2) a reference in those sections to an ordinance | ||
means an order; | ||
(3) a reference in those sections to a reinvestment | ||
zone means a development zone; | ||
(4) a reference in those sections to an agreement made | ||
under Subsection (b), Section 311.010, Tax Code, means an agreement | ||
made under Subsection (l) of this section; | ||
(5) "development" means initial development; | ||
(6) "redevelopment" means substantial redevelopment; | ||
(7) Section 311.016, Tax Code, applies only if ad | ||
valorem taxes are used, in whole or in part, in payment of project | ||
costs of a development zone; and | ||
(8) a development zone created without a duration or | ||
date of termination may be dissolved by a two-thirds vote of the | ||
board of directors of the district or of the governing body of a | ||
municipality or other form of local government other than the | ||
development zone succeeding to the principal assets, powers, | ||
functions, and liabilities of the district, but only if: | ||
(A) the development zone has no outstanding | ||
indebtedness or other obligations; or | ||
(B) the assets, powers, functions, and | ||
liabilities, and any outstanding indebtedness or obligations, of | ||
the development zone are expressly assumed by the district or the | ||
succeeding municipality or local government. | ||
SECTION 3. Chapter 289, Acts of the 73rd Legislature, | ||
Regular Session, 1993, is amended by adding Section 14A to read as | ||
follows: | ||
Sec. 14A. INCORPORATION. (a) This section prevails over | ||
any other provision of this Act that conflicts with or is | ||
inconsistent with this section. | ||
(b) Except as provided by Subsections (c) and (f) of this | ||
section, and subject to any applicable limitations of the | ||
constitution of this state, if the incorporation of at least 99 | ||
percent of the territory of the district and the transfer of the | ||
rights, powers, privileges, duties, purposes, functions, and | ||
responsibilities of the district and the district's authority to | ||
issue bonds and impose a tax to the municipality are approved by a | ||
majority of the voters voting in an election held for that purpose, | ||
including an election described by Section 9(h)(2): | ||
(1) the assets, liabilities, obligations, rights, | ||
powers, privileges, duties, purposes, functions, and | ||
responsibilities of the district and the district's authority to | ||
issue bonds and impose a tax are transferred to the municipality; | ||
and | ||
(2) the district is dissolved. | ||
(c) If on the date the incorporation of the territory of the | ||
district is approved at an election described by Subsection (b) of | ||
this section the district owes any debt that cannot be transferred | ||
to the municipality, the district is continued until the debt is | ||
retired or is restructured in a manner that the debt may be | ||
transferred to the municipality. | ||
(d) If the conditions described by Subsection (c) of this | ||
section are met: | ||
(1) the board shall adopt an order certifying that the | ||
conditions have been met; and | ||
(2) on the effective date of the order: | ||
(A) the assets, liabilities, obligations, | ||
rights, powers, privileges, duties, purposes, functions, and | ||
responsibilities of the district and the district's authority to | ||
issue bonds and impose a tax are transferred to the municipality; | ||
and | ||
(B) the district is dissolved. | ||
(e) In addition to any other restructuring methods | ||
permitted by law, the district may restructure its outstanding debt | ||
for the purpose of transferring the debt to the municipality by | ||
issuing refunding bonds secured by: | ||
(1) a limited pledge of ad valorem tax revenue not | ||
greater than that authorized to be levied by the municipality; | ||
(2) a pledge of one or more other sources of revenue | ||
available to the district that are also available to the | ||
municipality under this section or general law; or | ||
(3) a pledge of a combination of revenues described by | ||
Subdivisions (1) and (2). | ||
(f) The transfer of assets, liabilities, obligations, | ||
rights, powers, privileges, duties, purposes, functions, and | ||
responsibilities of the district and the district's authority to | ||
issue bonds and impose a tax to the municipality under this section | ||
is effective regardless of whether the boundaries of the | ||
municipality are coterminous with the boundaries of the district, | ||
unless the transfer would materially impair the security for a debt | ||
transferred to the municipality. If the transfer would materially | ||
impair the security for a debt transferred to the municipality, the | ||
debt must be restructured in the manner provided by this section | ||
before the transfer may occur. | ||
SECTION 4. Subtitle X, Title 6, Special District Local Laws | ||
Code, is amended by adding Chapter 11011 to read as follows: | ||
CHAPTER 11011. THE WOODLANDS TOWNSHIP | ||
Sec. 11011.001. DEFINITION. In this chapter, "district" | ||
means The Woodlands Township. | ||
Sec. 11011.002. LAW GOVERNING DISTRICT. The district is | ||
governed by this chapter and Chapter 289, Acts of the 73rd | ||
Legislature, Regular Session, 1993. | ||
Sec. 11011.003. DISSOLUTION OF DISTRICT. (a) If at least | ||
99 percent of the territory of the district is incorporated and the | ||
district is dissolved in the manner provided by Section 14A, | ||
Chapter 289, Acts of the 73rd Legislature, Regular Session, 1993, | ||
only the following sections of Chapter 289, Acts of the 73rd | ||
Legislature, Regular Session, 1993, apply to the municipality in | ||
addition to any applicable general law provisions, a reference in | ||
those sections to the district means the municipality, and a | ||
reference in those sections to the board or board of directors means | ||
the governing body of the municipality: | ||
(1) Sections 6(a) and (c); | ||
(2) Sections 7(a), (b), (c), (e), (f), (g), (h), (i), | ||
(j), (l), (n), (o), (p), (q), (r), (t), (u), (v), (w), (y), (z), and | ||
(aa); | ||
(3) Section 7H; | ||
(4) Sections 9(h)(3), (4), and (5); | ||
(5) Section 11; | ||
(6) Section 11A; | ||
(7) Section 11B; | ||
(8) Section 11B-1; | ||
(9) Section 11C; | ||
(10) Sections 12A(a), (c), (d), (e), and (f); and | ||
(11) Section 13. | ||
(b) The remaining provisions of Chapter 289, Acts of the | ||
73rd Legislature, Regular Session, 1993, do not apply to the | ||
municipality after the dissolution of the district. | ||
SECTION 5. (a) The legal notice of the intention to | ||
introduce this Act, setting forth the general substance of this | ||
Act, has been published as provided by law, and the notice and a | ||
copy of this Act have been furnished to all persons, agencies, | ||
officials, or entities to which they are required to be furnished | ||
under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||
Government Code. | ||
(b) The governor, one of the required recipients, has | ||
submitted the notice and Act to the Texas Commission on | ||
Environmental Quality. | ||
(c) The Texas Commission on Environmental Quality has filed | ||
its recommendations relating to this Act with the governor, | ||
lieutenant governor, and speaker of the house of representatives | ||
within the required time. | ||
(d) The general law relating to consent by political | ||
subdivisions to the creation of districts with conservation, | ||
reclamation, and road powers and the inclusion of land in those | ||
districts has been complied with. | ||
(e) All requirements of the constitution and laws of this | ||
state and the rules and procedures of the legislature with respect | ||
to the notice, introduction, and passage of this Act have been | ||
fulfilled and accomplished. | ||
SECTION 6. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2017. |